How to Prove Emotional Child Abuse for Custody
According to the Child Welfare Information Gateway, emotional child abuse may involve verbal put-downs, withholding affection, taunting a child, threatening physical harm to the child, or destroying the child's possessions or harming her pets. Since there are no physical indicators of emotional abuse, it is more difficult to prove than other forms of child abuse. Often, proving abuse in court will involve the testimony of psychiatrists who are versed in emotional abuse, along with statements from the child and other people who are involved in the situation.
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Instructions
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Research your state's criteria for emotional abuse. Use this as a starting point for proving your case.
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Have the child evaluated by a psychiatrist who specializes in the dynamics of abuse or neglect. Although her assessment will be based on subjective interpretations, her testimony in court, deposition, or written report can help you prove your case.
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Talk to the child's teachers and caregivers. Adults who see the child daily are best suited to testify to specific, negative changes in the child's demeanor and behavior which may be caused by emotional abuse.
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Provide specific examples of the type of emotional child abuse that the child suffered. Create a comprehensive list of the types of abuse that were inflicted on the child, if possible, listing specific dates when the incidents occurred.
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Show that the emotional harm was inflicted deliberately. In most jurisdictions, you will need to prove that the perpetrator intended to cause emotional harm to the child. Proving this may involve showing that the emotionally abusive acts took place repeatedly and that the perpetrator understood that her acts harmed the child.
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